impact of carbon emissions on our environment. consider more ecofriendly means of transportation such as traveling by bicycle, turtle, or robotic vacuum cleaner. a message from the national message council. >> oh, look at the puppy. don't forget to fly me to the moon sunday 9:00 eastern with neil cavuto. i'm john roberts. good night from washington. charles and i are going to watch the new star trek trailer right now online. >> shepard: this is "the fox report." the supreme court is about to take up gay marriage and one decision could potentially effect every state in the union. more unrest in a critical middle east nation as protesters march on othe palace in egypt and call for the president to resign. thousands of protesters calling for the egyptian leader to get out of office.

that president's supporters making new promises of revenge. tonight, the fight outside the presidential palace. and the future of an entire nation in the balance. two radio dj's recently called british hospital and impersonated the queen to ask about kate middleton's pregnancy and for a nurse that answered the phone the shame may have been too much. >> it's with complete sadness that i can confirm the tragic death of a member of our nursing staff. >> tonight the prank call with the deadly fallout. >> plus, escalator fallout at the mall. >> not sure how many people were on the escalator. >> sent holiday shoppers to the hospital. but first from fox this friday nate. the u.s. supreme court is about to jump into the national argument over gay marriage. and the question of whether same sex couples should have the same rights that every

other american already enjoys. hours ago the court agreed to consider legal challenges to california's ban on same sex marriage, proposition 8 they call it and in addition, to the federal defense of marriage act. two different things. that act restricts federal benefits gay couples can get by defining marriage as something that exists between a man and a woman. 38 states have laws or amendments that outlaw gay marriage. north carolina the most recent state to prohibit it it but nine states, and the district of columbia have already legalized gay marriage or in the process of doing so now. this has been one of the most charged social issues in the marriage. polls indicate people support gay marriage. now we know within a matter of months the supreme court could help settle it once and for all. molly henneberg on fox top story live for us in washington this evening. molly, explain more cases about the justices are going to hear. >> the supreme court had seven same sex marriage cases in front of it and selected these

two. windsor vs. the u.s. is the defense of marriage case or dome that case. specifically looking at part of the law that gives federal benefits such as tax breaks to heterosexual married couples, not to same-sex married couples. is that equal under the equal protection clause under the constitution. and the other case hollings worth vs. perry the california case. california voters approved a gay marriage ban after the state supreme court ruled that gay marriage is legal. so which one trumps the other? we don't know if the court will hear these cases separately or together, shep. >> shepard: we are hearing strong reaction really from both sides of this. >> particularly over the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and

one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by incorporating the definition of marriage into their constitutions. voters in these states will not accept an activist court redefining our most fundamental social institution. arguments on both cases are likely to be in march and rules likely in june. shep? >> shepard: we got another announcement from the supreme court today. it's going to take up another case that really could effect what we all pay for prescription drugs. >> right. this is about the battle between more expensive brand name drugs and cheaper generic drugs. some of the brand name companies pay the generic drug makers to keep cheaper drugs off store counters which some estimates say cost consumers $3.5 billion a year in higher drug costs. the supreme court will determine if this practice illegally reduce competition. shep? >> shepard: molly henneberg in washington tonight. thanks. we got some good news on the

economy today. really competing signs. it's not all good. first the good though the labor department reports the economy added 146,000 jobs last month that exceeds what the analysts had been predicting. and the unemployment rate went down significantly really from 7.9% in october to 7.7% in november. and that is the lowest rate in this nation in almost four years. but then there is. this the government reports the jobless rate fell largely because more americans just quit looking for work entirely. and now an estimated 22.7 million americans are either unemployed or under employed. meaning they have put the job search on hold or they are working part time for economic reasons what about super storm sandy. analysts say it cut slew of hours. 67,000 americans with full-time jobs worked part time for weather-related reasons. in november, after the storm, that number spiked to more than a million people. traders on wall street said at first they didn't know what to

make of the data. but boy the end of the day the dow you was up 81 points to close above 13,100. ed henry is live at the white house with the rest of this story. in good news and in perfect news but the truth is consumer confidence and the fiscal cliff talk could say have something to do with all of it. >> no doubt about it new survey out from reuters, michigan in early december we saw consumer sentiment drop to the lowest level that we have seen since august. that suggests, according to analysts that the increased taxes they are expecting from this fiscal crisis is weighing on consumer spending right now. the other side of this though, of course, is vice president biden went to a diner today to talk to some middle class folks and he basically said he has been talking to business leaders to say the converse of this is if there is a fiscal deal business leaders tell him the economy will be unleashed. take a listen. >> the upside is even bigger than the downside.

they are ready to move they have well over a trillion dollars out there continue to vest if they think that the economy is going to move. >> and i have been talking to officials in both pears who say that has been the most surprising thing to leaders in washington here in private is that the markets have remained relatively stable despite this uncertainty here in washington. it will take though just one or two days next week or so for the markets to get a bit jittery and then all of a sudden that might light a fire under lawmakers here to finally get a deal, shep. >> shepard: it okay vice president biden today signaled he thinks the deal is coming and snapped his fingers along the way. this is a two man deal now president obama and the house speaker john boehner. at least publicly john boehner is not sounding confident. >> he is not. he was very pessimistic and came out and told reporters is he still frustrated that president obama has not responded with some sort of a counter proposal to the republic debt plan that was put on the table. he basically is saying that these talks are still going nowhere.

this isn't a progress report because there is no progress to report. when it comes to the fiscal cliff that's threatening our economy and threatening jobs. the white house has wasted another week. >> one sign of optimism is when he was pressed by a reporter about tax rates, he seemed to leave the door open about some flexibility of negotiating with the white house. vice president biden said while rates have to go up it's negotiable what exact rate it is. whether it goes all the way up to the top rate to 39.6 like the clinton days. it seems like there is wiggle room on both sides. that may be where we get a deal if these two sides get together next week, shep. >> shepard: u.s. officials say the syrian regime has begun preparing for use a nerve gas, one that's capable of killing thousands of people. the question is is the syrian president bashar assad ready to unleash a chemical weapon on his own people. the latest analysis coming up.

don't expect to start using your cell phones on airplanes. at least not yet. it could soon be okay to use your ipad, kindle and laptop takeoff and landing at least if one government heavy hitter gets his way. friday fox report.fi try pepto-bismol to-go, it's the power of pepto, but it fits in your pocket. now tell the world daniel... of pepto-bismol to-go. share "not even close."

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>> world watches with concerns over a chemical weapons massacre. amateur video from the syrian capital of damascus. bashar assad's power base. rebels have been trying to supply lines, as the bullets fly behind the scenes a political maneuvering continues. ourselves hillary clinton met yesterday with her russian counterpart and the united nations peace envoy to discuss the next steps for syria. the united states has insisted president assad must go. the russians have been against

the idea. the u.s. is not going to cause budge on this one the yatsd stands with the american people in insisting that process result in a unified democratic syria. and a future of this kind cannot possibly include assad. >> makes the issue much more complex at least five different cities. u.s. officials say the syrians have already mixed the components for the deadly chemical weapon saran gas. the question remains whether he plans to use saran gas for murder against his own people. do u.s. officials say that they think that he would actually do this? >> well, behind the scenes, they appear to be quite worried. the president, defense secretary and secretary of state hillary clinton have

publicly warned assad not to do so describings it a a red line the syrians say pretext for u.s. and outside military intervention. some we spoke to agree citing the unlikely hood that assad would use saran nerve gas near damascus where the winds could shift and gas his own regime. >> a key marker here is the upcoming moroccan summit. clearly the united states wants to gain the high ground by overhyping if you will the threat from the syrian army and using saran gas. the more they can make this threat real, the more leverage the administration ising going to have in morocco. >> next week in morocco, secretary of state clinton among others will be attending an international conference. a friends of syria conference to decide what's next in syria. shep. >> shepard: and the pentagon, jennifer where you are, they are readying for the possibility of some sort of intervention. >> well, hundreds of u.s. and

nato troops will soon be heading to the turkish border with syria to operate patriot missile defense batteries and this summer you will remember the u.s. established a task force in neighboring jordan of about 150 u.s. special forces at a base north of the capital amanual to work with the jordanians to secure 4 dozen chemical weapon sites and hundreds of tons of saran nerve gas. they have been planning for logistics for months. that planning we are told has now moved into a higher gear, shepard? >> shepard: jennifer griffin at the pentagon tonight. thank you. you might soon be allowed to use your ipad after takeoff but you still have to power down your cell phone. the chairman of the federal communications commission has consider allowing passengers to use tablets and ereaders and other portable electronic devices before you hit the 10,000 mark where you have to now. in part the letter to the federal aviation

administration the chairman wrote and wrote empower to stay informed and connect with friends and families and small businesses to be more productive and efficient helping to drive economic growth in and boost american businesses. they will not allow people to use phones and other communications. >> what started as a silly prank turned to tragedy. hospital treating prince william's wife kate pretended to be queen. the hospital fell for it now a nurse who took the call is dead. so what about the radio host behind the prank? that plus the autopsy of the musical giant notorious b.i.g.? it's finally come out after 15 years. a brand new look at the unsolved killing just ahead as fox reports live tonight. [ male announcer ] introducing...

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>> well, tragic fallout from a hoax that's gotten a lot of attention around the globe, it involves a nurse who passed along a prank call at the hospital which was treating prince william's pregnant wife kate. the nurse who was on the phone is now dead. police in london say somebody found the woman's body at apartment complex affiliated with a hospital. the cops say they are treating her death as unplaned explained and did not find any evidence of foul play. the 46-year-old initially answered and then transferred the call from australian radio station. can you hear the caller pretending to be the queen. >> good morning. this is nurse speaking may i help you? >> i'm after my granddaughter

>> shepard: according to the station those personalities will not return to work until further notice. jamie colby with the rest of the story including this woman's death. what's the hospital saying, jamie? >> well, today shep, they had already apologized publicly for tuesday's telephone breach of privacy. today they are focused on tragic loss of a will valued employee of more than four years. >> she was an excellent nurse and well-respected and popular with all of her colleagues. we can confirm that she was recently the victim of a hoax call to the hospital. the hospital had been supporting her through this very difficult time. >> the palace has also expressed its condolences, shepard saying quote the duke and dutches of dutches are saddened they were looked over so wonderfully well at all times by everybody at king

edward seventh hospital. meanwhile the hospital is reevaluating its phone protocol. we want to be clear it's the nurse that transferred the call not the one that gave the intimate details of her care that actually was found dead. >> what about the radio host who pulled this prank off. >> as you mentioned they are off the air at least for now. report this station has come under fire for on air antics. the station manage. saying of these two hosts they are both deeply shocked and at this time agreed not to comment. the will not return to radio show until further notice out of respect for what can only be described as a tragedy. the station extended deepest sympathies to the family of that nurse. shepard, we have learned she is a mother of two. shep? >> shepard: jamie colby in the newsroom, thanks. the eccentric computer guru john mcafee is out of the hospital and back behind bars. you probably know the guy as the founder of the mcafee security software. he he founded it.

got millions of computers nationwide hooked up to it police in guatemala caught him after weeks on the run. investigators in neighboringze y want to question him about a murder. yesterday the cops rushed him to it a hospital after he complained of chest pains back in belize. a neighbor there now judge may send mcafee back to belize to face questioning or report him back to the united states. the los angeles county corner has unsealed report for rap legend b.i.g. the most detailed account on the rapper death yesterday fatal bullet entered right hip. gunman fired four bullets into

the 24-year-old. he was leaving a party in los angeles. hits death came months after somebody killed his former friend turned enemy to pack shakur in las vegas. both crimes are unsolved to this day. the lawyers for the family blasted the l.a.p.d. for not making an arrest in the case. he claims a former homicide detective on the force told him that the case has been solved for years. the negotiations to avoid falling off the fiscal cliff over the stand still, we're told. the house speaker john boehner says the white house has wasted another week. but the vice president says there is a quick fix to all of this if republicans would just agree to do one thing. plus the other winner of that record power ball jackpot has claimed the prize. but, well, the but is coming up as we approach the bottom of the hour and the top of the news from fox report. playing sports is just my whole life.

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>> shepard: they were all out shopping in seattle last night and all of a sudden chaos when an escalator went all haywire inside a macy's department store. somebody snapped this photo of the scene just moments after the steps popped loose at the top of the escalator. a closer look shows how they folded on top of each other. we are told the incident injured a number of shoppers and paramedics took at least four people to hospitals including a woman and her two young children. >> tonight was a joyful night. we have snowflake lane. i'm sure they were here for that with their kids. so it's devastating. >> investigators say testimony

as be to it a mechanical failure but they tell us they are looking into how it happened. family members of this 46-year-old woman survived for a week eating nothing but tomatoes and snow. happened after a winter storm stranded her boyfriend and her during a drive through syria, nevada. she took shelter in a hollowed out tree while the boyfriend set out for help. >> she is little but she is mighty. she is is a survivor and she lost life. >> searchers found the woman but the boyfriend did not get very far. crews found his body nearby. i'm shepard smith. this is the fox report. it's the bottom of the hour, time for the top of the news. and the first sign that egypt's president might actually be willing to compromise. hours ago the head of that country's election commission said the president mohammed morsi has postponed an early voting session on controversial constitution.

today protesters once again stormed through the bausched wire barricades bawshed wire barricades around the presidential palace. sit down for talks backlash over controversial power grabs. this all started when president morsi essentially made himself a dictator. keep in mind he helped negotiate the cease-fire between israel and hamas. he is in charge of enforcing that agreement. david lee miller with the news from our middle east newsroom tonight. david lee, any other signs that he might be willing to move on this? >> clearly, shepard, the demonstrations on the street are making a difference. in addition to the delay of the expat egyptian vote on that referendum. aides to mohammed morsi are now saying it's very possible the entire thing might be cancelled. in fact the legal affairs minister in egypt said tonight that just about everything is on the table.

there is the possibility that the constituent assembly might have been a rewrite of the constitution. the constituent assembly also might be disbanded. and a new one might be elected and appointed. the leader of the opposition went on tv to say people are angry because they feel like their rights have been raped. opposition say no way will they take part in any dialogue president calling for tomorrow that looks like president morsi at least for the moment has blinked. shepard? >> shepard: at least talking control pro-mize. david lee has that made a difference on the street? >> it has. you know, there are still thousands on the street tonight. there are thousands in tahrir square. there are thousand sounds outside the presidential palace. what's notable tonight is at least as we know no violent clashes have taken place. pro-morsi demonstrators were told not to cross paths with the opposition. the muslim brotherhood called on supporters to stay away in fact from the presidential palace in order to avoid violence. a spokesman for that group said that they're being told

to exercise self-restraint. and a reminder just how brutal things have been in egypt today. three funerals were held for three members of the muslim brotherhood, shepard, who were killed in clashes just a couple of days ago, shepard? >> shepard: david lee, explain the controversy in this constitution draft. >> critics are very unhappy that the constitution was drafted by a constituent asystemmably comprised mainly of followance. the fear is that it could result in the strict implementation of muslim law. so things that the credit critics are concerned about women might be required to wear head scarves if this constitution is passed. it could result in the segregation of men and women in public and religious leaders they say would have the final say on civil matters. analysts say another thing to keep in mind is that the draft

the way it's written is very ambiguous and it leaves a great deal open to interpretation. one egyptian blogger summed things up this way, shepard. he said if the draft does become law, egypt essentially is going to follow in the footsteps of the taliban and that is something that has many secular egyptians and christian egyptians, liberal egyptians very worried about and that's why they oppose david lee, thank you. it's not rocket science. that today from vice president joe biden on lawmaker's efforts to prevent a potential economic crisis. he says the so-called fiscal cliff problem could be fixed in 15 minutes if republicans would only agree to higher taxes on higher americans. the v.p. laid out the president's plan at a diner in virginia. the campaign style stop apparently meant to highlight going over the fiscal cliff would mean for the fiscal class. >> i don't know why at love

the guys we work with don't get it makes a difference whether or not you can finance a used car. 3,000 bucks makes a difference or talk about whether or not your kids are going to be able to save enough for their college. >> shepard: so where are we? we are 25 days away from a series of automatic spending cuts and expiring tax credits or tax cuts anyway? economists say that would be a disaster. possibly costing million of american jobs. today the house speaker john boehner again accused the white house of holding up negotiations. he said the white house has wasted another week of potential deal-making. >> there are a lot of things that are possible but to put the revenue to the president seeks on the table. but none of it is going to be possible. the president insists on his position, insists on my way or the highway. >> the republican's way calls for spending cuts and tax loopholes though not specifics in a plan the white house says simply would not raise enough cash. mike emanuel with the news in

washington tonight. a top congressional democrat today said it is vital that lawmakers hammer out a deal and soon. >> shep, that's the great unknown in all of this fiscal cliff fighting. some argue the country won't be badly damaged if the country hits the fiscal cliff. republicans and democrats keep arguing into the new year. others are worried failure to strike a deal could send the nation back into a recession. >> i think people understand the failure to compromise and going over the cliff could really jeopardize this recovery. the good news today about more people back at work, the unemployment rate coming down, listen, that can be reversed if people lose confidence in our future. >> the number two senate ranked democrat mr. temperature bib argues next week will be critical in terms of president obama and speaker boehner finding a compromise. shep? >> shepard: democrats are still saying what they have said all along and what the president ran on this is about taxes. >> that is true and they note president obama campaigned on upper income americans paying more so they intend to make sure that happens. the house democratic leader

says the only obstacle is republicans refusing to ask the top 2% to pay more. >> this is a moment of truth. the clock is ticking. christmas is coming. the goose is getting fat. but in many homes across america, it's very -- very very lean time. >> after talking to reporters leader pelosi went to the white house to meet with the president over what's described as a number of issues. >> shepard: mike, the republicans have insisted from the very beginning that this goes well beyond the tax issue. >> shep, you are right, indeed speaker boehner says taxing high income people does not fix our massive fiscal mess. >> even if the president got the tax rate hike that he wanted, understand that we would continue to see trillion-dollar deficits for as far as as the eye can see. listen. washington has got a spending problem, not a revenue problem. >> and with the debt at $16 trillion and counting, boehner says the government

cannot tax its way out oof this problem, shep. >> that's the fiscal cliff. now hurricane sandy and congress came up with some relief for folks who are still suffering, mike. >> that's right. president obama has asked congress for $64 billion in federal aid for new york, new jersey, and other states hammered by super storm sandy it would provide financial assistance to homeowners, businesses and local and state governments faced with the huge chore of cleaning up and rebuilding after the late october devastating storm. most new york and new jersey officials for the most part praised the request and asked congress to take quick action. speaker boehner's office says it has the paperwork and aides are reviewing it shep? >> shepard: good news. mike, turns out the super storm didn't effect the job market as much as the analysts were expecting. the labor department reported today and we learned that the unemployment rate dropped two tenths of a percent down to 7.7 last month and hiring apparently stayed steady after the storm. also while sandy cost the economy 10s of billions of dollars.

the construction agency is announcing a bump in business as folks begin to rebuild what they lost. rick lesson thowl in the hard hit new york city borough of staten island live for us there tonight. hey, rick. >> hi, shepard. sandy's silver lining repairing damaged homes requires materials like lumber and sheetrock and wiring and real pairing those requires skilled labor. >> before hurricane sandy, anthony had to lay off two workers and was about to lay off more. now this electrical contractor is hiring with more business than he can handle. >> people want their work done right away. we are working to get that done for them. >> i'm a firm believer of taking the work while it's there. so i really don't pass up too much. if we have to work saturdays and sundays we will. >> many in the northeast were hit hard by the storm including descrawnts and retrailers. the construction agency was booming. landscapers, carpenters all seeing big demand. economists caution it's a short-term boost. >> the best you can say about

the results of sandy from the standpoint of job markets it employs a lot of people in clean up and reconstruction for some short relatively short period after the storm that's a little stimulus to the economy. does it make up for the damage of the storm? no. >> >> home improvement retailers are also seeing a surge in sales. home depot stores on long island in new york city and new jersey are slammed with customers and are now hiring 500 new employees to handle the load. >> this has been very devastating to areas around us the amount of homes that were impacted from it that there is a lot of restoration work that has to be done and done immediately. they're not waiting until the spring where we typically see hiring season. they are doing it now. >> these home depot jobs are temporary. workers get 120 day contracts but can lead to permanent positions gives 500 people a guaranteed paycheck until spring. shep? >> shepard: good news for the holidays. rick leventhal in staten

island. the winner in the power ball jackpot has claimed the share of the 588-million-dollar prize. lottery officials in arizona say the second power ball winner is a married man in his 30's from fountain hills, arizona. but in arizona you can decline to take parts in these sorts of news conferences and he did just that and officials have not yet released his name. the winner decided to take the cash option of $192 million lump sum before taxes. have to wait to see if the lucky guy is the man from this surveillance video. you can see the man in yellow checking his numbers on the ticket in the store in maryland. after a moment, he pumps his arms in excitement and shows off that ticket. the clerk there says that slip of paper did have all the winning numbers and that the ticket was from arizona. a missouri couple claim the other half of the jackpot last week. the united states navy reports it's moving woreships into place to watch and possibly defend against a planned north korean rocket launch.

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emails, last week u.s.

marshals raided an apartment complex outside of fort lauderdale arresting the two brothers and it was here, according to the indictment that the two spent the past 15 months planning to build and blow up a bomb and kill americans here in the u.s. >> look, the pattern is very clear. south florida has seen before arrests, successful arrests and also indictments of jihadi activities, meaning activities by militants who are convinced that they are serving a cause, an ideological cause and anti-american one. >> but the federal grand jury's three page indictment is super thin on details. no revelation as to where these two brothers allegedly were going to blow up this bomb nor whether they had actually got tonight point of acquiring the components. shep? >> shepard: phil, you were in the courtroom right? anything surprising? >> the only real surprise was the older brother apparently asked his attorney to bring in news collision of the past week involving the brothers' arrest and the case which

intently read at the table. both brothers walked into the courtroom shackled at the wrist and ankles. they were talking with their attorney smiling occasionally answering the judge yes if when asked if they spoke english. the yowmger looked behind him to notice all of the spectators in that packed courtroom. according to an even older brother of these two suspects who spoke with the sun sen continual the eldest of the two suspects works as a cab driver married and has a child. younger brother recently quit job because he couldn't take prayer breaks. the family regularly sends money back to pakistan to parents. he thinks all of this must be a big misunderstanding. >> bill: fill keating live for from us fort lauderdale. keeping an eye on north korea as that nation prepares to launch a rocket. they claim to put a satellite in space. they are actually planning to test a long range nuclear capable ballistic missile.

one which would violate united nations. north korea attended a similar launch back in april. that one failed miserably. these new satellite images indicate snow may have slowed the north's latest launch preparations but analysts say it could be ready for lift off as early as monday. the head of the u.s. pacific command says the navy has moved woreships into position in the region to track and possibly defend against that planned launch. plus a teenager fighting her school district's new i.d. cards. they have locater microchips that can track students wherever they go even in the bathroom. she says you can't do that. my religion says you can't do that but the school district says the devices can bring in millions of much needed dollars. the debate over privacy and religion now on its way to federal court and it's coming up as fox reports live tonight. this holiday, share everything.

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>> shepard: christian fundamentalists and siflg rights unions often wind up on opposite side of the courtrooms. they are finding themselves on the same side of a controversy over a student i.d. in texas. the north side independent school district in san antonio has put tracking chips in the i.d. badges for more than 4,000 high school students. school officials say it helps keep attendance records but civil liberty unions worry of an invasion of privacy. and some evangelicals are saying participation in the tracking program amounts to idolatry. now the case is going to federal court. lauren green is here with more on the story hernandez says she has become a second class citizen in her san antonio high school all because of her religious beliefs. >> she cannot checkbooks out of the library. has to stand in a separate lunch line and couldn't vote

for the homecoming royalty. >> i still try to go through the day with a smile on my face and i do the best can i. i be the best student that i possibly can be. >> it's all because the 15-year-old refuses to wear the school's new mandated high tech i.d. embedded with a tracking signal which she and her family call down right demonic. >> talks about if you you can doo not take the mark of the beast you cannot participate in the economy of the world. if my daughter does not wear this tracking chip she cannot participate in the. >> pilot program for students. attendance tracker could bring the district the fourth largest in texan additional $1.7 million in funding. hernandez family objects for religious reasons, their case is now in federal court. >> we have a first amendment freedom of religious claim and first freedom of expression. privacy concern. >> remove the tracking device from her i.d. which she declined because she feels wearing it would still appear

endorsement of the current program. the school's attorney points out andrea she has warned i.d. badges in the past and believe concessions address her concerns. >> the only unique circumstance about this year is the presence of the rfid device. we have agreed to remove that we don't think it's legitimate for a student to say i'm not going to wear a badge at all. we think that's a reasonable expectation. >> now, the next court hearing which is in about 10 days will decide if andrea can remain in school while her case proceeds. >> shepard: very interesting. lauren green, thank you. >> sure. >> shepard: more than seven decades have passed since pearl harbor stunned our nation. today some the survivors spoke at solemn ceremony where it happened. remembering the date which will live in infamy. next. with the spark cash card from capital one,

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>> december 7th, 1941, a date which will live in infamy. >> and 71 years later the nation remembers the attack on pearl harbor which killed more than 2400 americans and propelled our nation directly into world war ii. earlier today a moment of silence at pearl harbor as aircraft from hawaii's national guard soared overhead in missing man formation, sank the battle ship. its wreckage lies at the bottom of the harbor. trace gallagher in our new york newsroom. >> a veteran that survived that attack on pearl harbor went on to fight for his country. still fights for fallen comrades today. 71 years later. his name is ray emery and he now spends his time helping identify the remains of world war ii veterans. and finally to bring them home to their families offering some very long awaited

closure. listen. >> well, i think they are very, very glad that after all these years they realize that their dreams have been lived. they have finally got their relative identified. >> in fact, after all these years, so many veterans continue to give. there is now a new documentary based on honor flight, which is a program that flies world war ii vets to d.c. to visit military monuments. the film know cusses on four wisconsin vets, including joe demler who when he was rescued from a nazi pow camp he weighed just 70 pounds. they called him human skeleton and while battling human cancer was determined to make his honor flight and he did. and he died shortly after his return. here now is the film pg director. three years ago i wandered by

the pillar and asked a world war ii veteran a pretty simple question. i said how is your day going? and he looked at me with the utmost sincerity in his eyes and he said i could die a happy man now that i have made this trip. >> to think about it, 16 million veterans fought for world war ii, shep there are 1.5 million remaining and we lose 600 each and every day. you asked me earlier if you can give to honor flight, you can. it's basically honor flight.org. it's a great, great group. shep? >> indeed. trace gallagher in and on this day in 1963, cbs debuted a new technology that they called instant replay. it came during the annual army navy college football game. the game had actually been postponed due the assassination of president kennedy just two weeks earlier. the president was scheduled to attend that game. instead the nation mourned as tens of million